Guardianship in Essex Junction Vermont: Four Mistakes to Avoid

During the estate planning process in Essex Junction Vermont, you will be instructed to select guardians for any children under the age of eighteen. Though this is one of the easier processes, there are still some common mistakes individuals make when selecting guardians that can be avoided.

Guardianship in Essex Junction Vermont – Common Mistakes

Picking Permanent Guardians

Most parents will select a permanent guardian(s) for their minor children. Though this is well-intended, it does not actually protect minor children if parents are only temporarily incapacitated since permanent guardians are only allowed guardianship upon the death of the parents.

Alternates

Once a primary guardian has been chosen, it is necessary to select at least two adult alternates in case the primaries are unable to fulfill their guardianship duties. Alternates will prevent the need for going back to court or delays in the guardianship process.

Selecting Couples

Though most parents assume picking a couple for guardianship in Essex Junction Vermont will provide the most secure environment for children, there is an important factor to consider: will that couple get divorced in the future? Therefore, estate planning experts recommend selecting one member from the couple as the guardian so that if a divorce occurs, there is no need for the courts to intervene and pick a guardian from the pair.

Exclusion

Believe it or not, it is recommended that a specific exclusion list be made in regards to guardians for your minor children. These are individuals that are barred from taking care of your children. Without this list, during probate the court may be forced to select an individual who would normally be excluded from caring for a child.

Ellen LaPlante is an attorney whose mission is to provide clients with guidance in Estate Planning, Elder Law, and Medicaid Preparation. She is barred in Vermont and New York. Ellen helps clients put together unique estate plans, including assistance with Trusts, Wills, Powers of Attorney, and Advance Directives. She also works with clients on Medicaid Planning and qualifying for Medicaid assistance.

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